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HomeMy WebLinkAboutHL23-0001aRESOLUTION NO.HL23-0001 a A RESOLUTION OF THE CITY OF DENTON, APPROVING AN APPLICATION FOR APARTIAL TAX EXEMPTION OF DESIGNATED HISTORIC SITES, IN ACCORDANCEWITH CHAPTER 10, ARTICLE VI, SECTIONS 10-126 THROUGH 10-129 OF THEDENTON MUNICIPAL CODE OF ORDINANCES, FOR A LOCAL HISTORICLANDMARK. LOCATED AT 1314 N LOCUST STREET. LOCATED ON THENORTHEAST CORNER OF N LOCUST STREET AND E 3RD STREET; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (HL23-.0001 A) WHEREAS. Article 8, Section 1-f of the Texas Constitution and Section 11.24 of the Texas Tax Code enable the City of Denton to exempt from taxation part or all of the assessed value of certain historically significant sites in need of tax relief to encourage their preservation;and WHEREAS, pursuant to §10- 128(c) of the Denton Code of Ordinances, the owner of the real property located at 1314 N Locust Street, legally described as set forth in Exhibit A.attached, and designated for purposes of ad valorem tax appraisal and assessment as DCAD property ID 33588 (hereinafter, the “Property”), has made and filed with the City Historic Preservation Officer a sworn, complete, and sufficient application for tax abatement of the Property, thereby satisfying all threshold substantive and procedural requirements of § 10- 128 of the Denton Code of Ordinances; and WHEREAS, On April 10, 2023, the Historic Landmark Commission of the City of Denton has received, reviewed, and recommended the Property to the City Council for tax abatement in accordance with Chapter 10, Article VI of the Denton Code of Ordinances of the City of Denton, as a historically significant site in need of preservation; and WHEREAS, pursuant to §10--126 of the Denton Code of Ordinances, all other prerequisites have been satisfied for the City Council’s certification of eligibility for such a tax abatement on the Property, as a historically significant site in need of preservation; NOW,THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The foregoing recitals are incorporated into this Resolution by reference as findings of fact, as if expressly set forth herein. The City Council further finds from the matters presented before it that the Property, specifically including the structure located at 1314 N Locust Street, satisfies the tax abatement criterion set forth in Section 10-128(d) of the Denton Code of Ordinances, as a historically significant site in need of preservation, as well as the criteria set forth in §11.24(2) of the Texas Tax Code, as a historically significant site in need of tax relief to encourage its preservation pursuant to City of Denton Code of Ordinances. SECTION 2. Notwithstanding these findings, and in compliance with the limitations set forth at §10-128 of the Denton Code of Ordinances and §11.24 of the Texas Tax Code, the determination of that portion of land which is reasonably necessary for access to, and use of, the historic structures declared herein (the “Eligible Land”), is deferred to the discretion of the Chief Appraiser of the Denton County Appraisal District, together with the discretion to determine whether annual applications must be made to the Denton County Appraisal District in order to obtain the abatement herein approved. SECTION 3. Accordingly, in compliance with Texas Tax Code §11.24(2), this Resolution stands as the official action of the City of Denton to abate and exempt from taxation for a period of ten (10) years following completion of the planned renovation, that portion of the assessed value of the structure located at 1314 N Locust Street and Eligible Land. SECTION 4. Notwithstanding any approvals provided herein, the abatement remains subject to all limitations imposed by State and Federal law, specifically including, but not limitedto, the Texas Tax Code. SECTION 5. Should any paragraph, section, sentence, phrase, clause or word of this Resolution be declared unconstitutional or invalid for any reason, the remainder of this Resolution shall not be affected thereby. SECTION 6. This Resolution shall become effective immediately upon its passage and approval. The motion to approve tBs Resolution was made by EriKA Beg K and seconded by J DC Koi\h,-' J . This Resolution was passed and approved by the following vote U - L] : Aye -J J \/ Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck, District 2: Paul Meltzer. District 3 :,Z Joe Holland, District 4: / Brandon Chase McGee, At Large Place 5 : / Chris Watts, At Large Place 6: / PASSED AND APPROVED this, the I Ol~day of Z --==e GERARD HUDSPETH, MAYOR Page 2 of 3 ATTEST: JESUS SALAZAR, INTERIM CITY SECRETARY APPROVED AS TO LEGAL FORM:MACK RErNWAND, CITY ATTORNEY Digitally signed by Marcella Lunn DN: cn=Marcella Lunn, o, ou=City BY, \XPLVcLat\ \JEt\nO LHr:=’rcella lunn@dWofdenm Denton. n.com. c=US Date: 2023.05.08 1 1 :1 5:1 2 <)5'00' Page 3 of 3 EXHIBIT “A” A Bad of luI Hauled in duB.B,B. & C.C.R. eOMPANY SURVEY, ABSTRACYF Nlav£BER t85, Daltal County, Texas, being that &aet af hISd duedlnd b & deal to PIck+y Fnrily Propalb& LLC, a Texas Limited Liability Company, remdcd u InsaumaH Ngmlxr 2CKl$IU:218, Real PrweTtrkewrds,DetltarCaraty, Texas. lltccxtuialxwnd8ry is R811nrde9cHlnd n R>llawu CXHumatdngd a 12- capped bun nd hwa Stamped "EAGLE SURVWING- tHing in tlnNatII dda of ww of B. 3RD $#m &tH the SoldImM (>xin of IAI, Bknk A OfdH Austh AaNdon,m addidoato tIR City of Den&B, MarkII as EX>erwmtNuntnr 2Q17.39X Pl#Rwords, Deaai6 C<lunW7 TeHaS lb€nc,e N 898 38' 02- W, a digaew af 140.00 ful to the Sarahwat cora# of Intl, atmt A of sad pId, tIn East Ibn af thb &M marked by a 112" capped iran nH hwa $kmp€d TEAGLESURVEYWG'', aId ale POrNT OF BEGn{NWG: Thane S (XP 23' 29- W alatB the East line of the Piclkey Fanily Properties IIE, a distanw of931 fed b the Hath line oiE SId Stlea md rnaaed by a MAC Nail sa; IItata N Br S5' 42” W alaaB©id tigH of way, a distance of 143.93 feet ben East right of way ofN Locust Street arid mart£d by aMagNail Sd; Itiam N OO' 06' 33- E & dislaw of 77.SO flaw the solar line afa IIaR of 18tH descrM in 8 and b LilkZTdmapy, LLC a Tutu Liaated LiabiJityC'Mpany, mudd as IIu&wBtRl%mtnrZ}j2njQS3301 Real ProwljyRmarrls, Dental Carnty Texn wd martrd by a 112- upped ilm ml set $talnW! q:AOI:E SURVEWNCin; URna S BP 55' 43- E along etc UnkZThaapy / Hcikey Family Pn4HISH Ill: WnmM lin a di$tance of 144.32 fHI to d>eNoTthwc3t WInK of Lat i,BltxltA, AustilIA'kBtia', theN'-tInst oocnw afthis trax &d la8rkd by g w<Ben fIna malet post li>und; n,a,ce SOW 23’29" lr,kxB tt„ L,t r,BkHkAIH€key RHnily nOW6H LLC HamM Ell& 68.09 Mt to dw BOHr OF 6ECfNNINC and WIraining 0.26 wn nae or Ins.